Chapter 7

Experienced Rochester, New York Bankruptcy Attorney

Many people who call my office are surprised to know that Chapter 7 bankruptcy is still available now more than ever. In fact, for many people it is the best solution in cases of overwhelming debt. Through the Chapter 7 bankruptcy process, credit card debts, personal loans, medical bills, deficiency claims on repossessed vehicles, tuition and other types of debts are discharged. A Chapter 7 debtor is permitted to get a “fresh financial start” and a chance to start again. It is true that the bankruptcy laws were overhauled in 2005, making it harder for some people to file, but most people are still eligible. If you have been considering filing for bankruptcy as a means of debt relief, please contact my office today.

I have helped many people get a fresh financial start. I can help you obtain relief from your overwhelming debt, stop harassment from debt collectors and give you the opportunity to move forward in life again.

If you are struggling with debt and would like more information on Chapter 7 bankruptcy and how bankruptcy can get rid of debt, I am here to help. The initial consultation is free and together we will formulate a plan to determine if Chapter 7 bankruptcy is right for you. I offer personal attention and my rates are reasonable. Contact my office today online or by telephone at 585-546-7410 to speak with an experienced New York Chapter 7 bankruptcy attorney.

Chapter 7 Bankruptcy for Individuals

The Chapter 7 process is best suited for people who have overwhelming debt and are without sufficient income to pay their monthly debts as they become due. This is the classic "robbing Peter to pay Paul" scenario where people find themselves juggling credit card debt, using all of their paycheck to pay bills and leaving nothing left at the end of the month to pay for food, gasoline or emergencies. In these situations, where people still have available credit on credit cards, they use the cards to obtain these necessities. Ultimately, the cards reach their limits and that is often the time when the person is unable to pay their credit card bills and the collection calls start. What can a person do? Does that person have options? My answer to that question is "yes".

In nearly all cases, debtors who file for Chapter 7 bankruptcy petition get to keep their house, car, personal computer, most jewelry, electronics and personal possessions. As soon as I file your case for you, creditors are automatically prohibited from contacting you by phone, letter or lawsuit. That means the harassment stops, as does the threat of home foreclosure, asset repossession and wage garnishment.

I will evaluate your situation and discuss your options. If a Chapter 7 filing is not right for you, I may be able to file a Chapter 13 bankruptcy on your behalf and still help you get debt relief through some other debt management tool.

Chapter 7 Bankruptcy for Businesses

I have experience representing businesses in Chapter 7 liquidation and Chapter 11 reorganization proceedings. I understand the bankruptcy laws and understand how the Bankruptcy Code may be utilized to your advantage to efficiently and effectively liquidate a business’s debts and assets, keeping in mind the goals and desires of the individual shareholders.

If you are a business owner, you should not wait too long before discussing your situation with my firm. If liquidating and shutting down your business is not what is in your best interests, then Chapter 11 reorganization may very well be the most effective debt restructuring tool.

If you are a small business owner or sole proprietor, you can be assured that my office will place a priority on protecting your personal assets during the bankruptcy process.

Efficient and Cost-Effective

My twenty (20) years plus experience in bankruptcy matters enables me to quickly identify the tasks to be completed and to begin work on your case. I provide a complete package of services and handle all paperwork. You, the client, will always receive copies of all the important papers filed in your case. Most of the papers filed on your behalf and by other parties in your case are filed electronically. My office will always send you electronic copies of all the documents I filed on your behalf with the Court. I appear with you at the required meeting(s) with the trustee, the Bankruptcy Confirmation hearing(s) and will assist you through the entire process. At our first meeting, if you choose to retain me to file a Bankruptcy case on your behalf, the fees will be set out in writing and agreed upon by both of us, before you become indebted for attorney’s fees.

The Bankruptcy Discharge

Generally, unsecured debts like credit cards, personal loans, cellular telephone bills, utility bills, medical bills, checking lines of credit and tuition (but NOT guaranteed student loans), are dischargeable. Subject to many exceptions that I will explain to you, certain income taxes may be dischargeable, but sales taxes and withholding taxes are generally not dischargeable.

Will I lose my home if I file for Chapter 7 and receive a discharge? The answer is no. In fact, the policy of bankruptcy law is to protect home ownership. The theory is that if people get rid of unsecured debt, they are more likely to stay current on their mortgages and not lose their homes through foreclosure. The mortgage lien on your home will survive the bankruptcy, however, so it is very important that after you file for bankruptcy that you pay the mortgage company according to your original promissory agreement. If you are behind on your mortgage payments when you file for Chapter 7, you will need to catch up on your back payments owed to the mortgage company, otherwise you could lose your home. If you find that you are just too many months behind on your mortgage to catch up within a short period of time after you file for Chapter 7, then Chapter 13 bankruptcy might be the best solution for you.

Will I lose my car if I file for Chapter 7 bankruptcy? The answer is usually "only if you want to lose the car." Under New York Bankruptcy exemption law, you are allowed to keep one automobile per debtor worth $4,000.00 or less above liens. That means that if your car is paid off and it is worth $4,000.00 or less, you can keep the car without any problems. Even if the car is worth substantially more than $4,000.00, the Federal Exemptions may provide an exemption of a motor vehicle up to $16,400.00, if you do not elect the homestead exemption. If you still have payments to make on the car, and you believe it is in your best interest to keep it, creditors very often permit debtors to "reaffirm" the debt obligation for the car. That means you continue to make payments for the car under the terms of the original agreement until it is paid in full. You normally pay no extra in terms of interest rate or monthly payment to keep the car, and when it is paid off, the creditor must issue a "lien release." I will examine your case from every angle and determine which available exemption best protects your interests in the bankruptcy case and discuss with you whether it is in your best interest to reaffirm any debt obligation.